Anderson v. Medbery

Citations

• 16 S.D. 324
• 92 N.W. 1089
• 1902 S.D. LEXIS 135

Syllabus

<p>1. Where the evidence is conflicting, the supreme court will not weigh it further than to determine whether or not sufficient evidence has been given to sustain the verdict, without regard to the evidence on the opposite side, save in so far as such evidence tends to sustain the case.</p> <p>2. Where a wife sued a sheriff to recover the value of cows claimed to have belonged' to her, and which had been taken by defendant in foreclosure proceedings against her husbaud, and several witnesses testifled that plaintiff was the owner of the cows, even if there were some conflict in the evidence as to the manner in which plaintiff acquired the cows, it would not necessarily impeach the veracity of the witnesses, or their statements that plaintiff was the owner of the cows.</p> <p>3. Comp. Laws, § 2593, provides that, if a wife file in the register office an inventory of her separate personalty, such filing shall be notice and prima facie evidence of the title of the wife. Held that, where a wife sues for the conversion of property claimed to belong to her, which had been taken in foreclosure as that of her husband, that she had not filed an inventory did not preclude her recovery, her failure to file merely subjecting her to the burden of proving her ownership.</p>